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F I S C A L I M P A C T R E P O R T





SPONSOR: Rawson DATE TYPED: 02/27/01 HB
SHORT TITLE: Extraterritoriality Zoning SB 621
ANALYST: Padilla


APPROPRIATION



Appropriation Contained
Estimated Additional Impact
Recurring

or Non-Rec

Fund

Affected

FY01 FY02 FY01 FY02
NFI



(Parenthesis ( ) Indicate Revenue Decreases)





SOURCES OF INFORMATION



LFC Files



SUMMARY



Synopsis of Bill



Senate Bill 621 amends zoning regulations to require that at least one-half the members of an extraterritorial zoning commission (formed jointly by a municipality and a county) be residents of the proposed extraterritorial zone.



Significant Issues



By definition, only municipalities and incorporated counties (Los Alamos) have extraterritorial zoning areas. The extraterritorial planning and platting authority of a municipality is contained in Section 14-18-5. This section creates extraterritorial planning jurisdiction extending three or five miles beyond the boundaries of municipalities depending upon population, except insofar as another municipality may be affected.



Extraterritorial zoning commissions are formed at the initiative either of a municipality or the affected county to consider zoning ordinances for extraterritorial areas. Members are selected in equal numbers by the municipal zoning authority and the county commission. Senate Bill 621 would require that at least half of the members of an extraterritorial zoning commission reside in the extraterritorial zone. This would mean in practice that at least half the members must live in the affected county and not the municipality or incorporated county.





Current statute also provides, however, that one member of the extraterritorial zoning commission live neither in the municipality nor in the area of the county proposed for extraterritorial zoning, but in another part of the affected county. This bill would therefore ensure that less than one-half the members of an extraterritorial zoning commission live in the municipal zoning jurisdiction.



FISCAL IMPLICATIONS



This bill does not contain an appropriation and has no fiscal implications for state government.



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